Preamble
These General Terms and Conditions (GTC) apply to all contracts for language courses concluded between Speakeasy Language School (SE) for English courses or Speakeasy Sprachschule GmbH (SE GmbH) for all language courses except English courses and the student(s).
1. Conclusion of the contract
1.1 The contract is concluded by completing and sending the registration form. Dispatch takes place by clicking the “submit” button. After the enrollment form has been sent, the student(s) receive an invoice confirming receipt of the application.
1.2 The contract language is German.
2. Fees, payment and terms of payment
2.1 The current price list, available on the website under https://speakeasy-sprachschule.de/schedule-pricing, forms part of the contract.
2.2 For the first course enrollment, a non-refundable enrollment fee of EUR 45.00 is charged.
2.3 If a student books a trial lesson for a semi-private or private course, the price list for the relevant number of teaching units applies. If the student(s) book a language course after the trial lesson, the registration fee of EUR 45.00 becomes due.
2.4 A change fee of EUR 60.00 is charged if the student changes a language course. The fee covers organizational effort by SE or SE GmbH and must be paid immediately for the change to become official.
2.5 After receipt of the contract, SE or SE GmbH prepares and sends an invoice. The invoice states the amount payable and the payment deadline.
2.6 The total invoice amount is due five working days after receipt of the invoice or before course commencement, unless otherwise agreed. Payments must be made using the available payment method and the invoice number must be stated as reference.
For invoices issued by SE GmbH for German and other languages: Speakeasy Sprachschule GmbH, account number 385 918 465, sort code 440 100 46, IBAN DE21 4401 0046 0385 9184 65, BIC PBNKDEFF, Postbank.
For invoices issued by SE for English language courses: Amy Elizabeth Fletcher, account number 637 212 200, IBAN DE14 4004 0000 0637 2122 00, BIC COBADEFXXX, Commerzbank.
2.7 Payment only entitles the student to the course shown on the invoice. If a change is required, section 2.4 applies.
2.8 If SE or SE GmbH does not receive the full course fee by the due date, the participant no longer has a claim to the booked services. SE or SE GmbH may make the services available to other interested parties. The contract remains valid and the course fee is applied to another course at SE or SE GmbH.
2.9 Non-attendance, late arrival, early departure, withdrawal from the course or other absences, including illness, do not entitle the student to reimbursement of course fees or make-up classes. The cancellation policy applies.
3. Contract period
3.1 All language courses of SE or SE GmbH have a specific duration. The duration of each course can be viewed at https://speakeasy-sprachschule.de/schedule-pricing.
3.2 The contract duration relates to the booked package, which may consist of several individual courses, including but not limited to multiple group courses or group plus private courses. The booked package is indivisible and subject to the regular terms and conditions.
3.3 For language visa applicants, Speakeasy requires a non-refundable deposit of one Intensive Course (EUR 689 plus EUR 45 new enrollment and visa processing fee) for visa application letters and invoices. The invoice is binding. After receipt of payment, Speakeasy issues an enrollment confirmation letter for the German visa application. If a visa is granted, the deposit for one course is credited toward Intensive Group or Private Courses with a minimum of 20 unit hours per week. If the application is rejected, the fee is non-refundable. The decision rests solely with the German embassy. If the visa application is declined, courses may be converted to an online format so that the deposit is retained and no further fees are incurred.
4. Enrollment deadline
4.1 The registration deadline for all courses ends five working days before the start of the respective course.
4.2 If this deadline is missed, a course reservation cannot be guaranteed.
5. Consequences of non-participation
5.1 In the case of unexcused or untimely deregistration of the booked language course, SE or SE GmbH has a claim against the participant for payment in the amount of the course fee.
5.2 The student may prove to SE or SE GmbH that the damage suffered is lower or has not been incurred.
6. Deregistration deadlines and cancellation
6.1 Students may withdraw from a course booking under the following conditions. These conditions apply to group and semi-private or private students. They refer to course fees; the enrollment fee of EUR 45.00 is always non-refundable. The conditions apply 14 days after enrollment and before course commencement.
If cancellation takes place no later than fourteen calendar days before the start of the course, SE or SE GmbH retains 50% of the course fee, but at least the service fee of EUR 150.00, plus the registration or administration fee.
If cancellation takes place no later than one calendar day before course commencement or after the course has started, SE or SE GmbH retains 100% of the course fee, plus the registration or administration fee. The student may prove that a lower amount is appropriate in the individual case.
6.2 Private lesson students are also subject to the following conditions: if cancellation takes place no later than 30 days after enrollment and the course has not started, SE or SE GmbH retains 50% of the course fee, but at least EUR 150.00, plus the registration or administration fee. If cancellation takes place no later than 60 days after enrollment and the course has not started, SE or SE GmbH retains 100% of the course fee, plus the registration or administration fee.
6.3 Lessons for private and group courses can be cancelled in writing no later than 24 hours before the beginning of the lesson. Lessons not cancelled on time must be paid in full.
6.4 All booked lessons must be taken within 12 months from the first lesson. Unused lessons expire unless the student was prevented from using them due to circumstances attributable to SE or SE GmbH, such as scheduling conflicts.
7. Postponement of the language course
If a course is postponed for reasons attributable to SE or SE GmbH, the participant receives a credit for the postponed course. This credit can be used for course offers at SE or SE GmbH. The participant is not entitled to a refund of the course fee.
8. Cancellation of a language lesson
If a lesson is cancelled for reasons attributable to SE or SE GmbH, the participant receives a make-up lesson at the end of the course so that the lesson is not lost.
9. Amendment to course execution
9.1 Amendments to course execution are at the sole discretion of SE or SE GmbH and may result from unforeseeable circumstances related to federal health and safety measures.
9.2 Such amendments do not change the course fees. Recovery of impeded course time due to technical failure is at the sole discretion of SE or SE GmbH where the technical failure is evidently on the side of SE or SE GmbH.
10. Teaching unit
One teaching unit (UE) is 45 minutes unless otherwise specified.
11. Minimum number of participants
If the course falls below the required minimum number of participants, three participants in all group courses, the course will not take place and the start date will be postponed. The student receives a course credit as described in section 7. Intensive and semi-intensive courses may start with fewer participants but with a reduced number of teaching units. The course price remains unchanged.
Reductions in teaching units for German and English courses: one student = 20 UE; two students = 40 UE. Reductions for courses in all other languages: three students = 72 UE; two students = 48 UE; one student = 20 UE.
Alternatively, the individual student may be transferred to a suitable course.
12. Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of the contract.
To exercise the right of withdrawal, contact Speakeasy Sprachschule GmbH, Steinweg 7, 60313 Frankfurt am Main, telephone 069 2424 9525, e-mail info@speakeasy-sprachschule.de, or Speakeasy Sprachschule, Steinweg 7, 60313 Frankfurt am Main, telephone 069 2424 9525, e-mail info@speakeasysprachschule.de, by a clear statement such as a letter, fax or e-mail.
You may use the withdrawal form, but this is not mandatory. If you use this option, receipt of the withdrawal will be confirmed immediately, for example by e-mail. To comply with the withdrawal period, it is sufficient to send the notice before the period expires.
If you withdraw from the contract, all payments received from you will be reimbursed without delay and no later than fourteen days from the date on which notice of withdrawal is received. The same payment method used for the original transaction will be used unless otherwise agreed. No repayment fees will be charged.
If you requested that services begin during the withdrawal period, you must pay an amount corresponding to the proportion of services already provided up to the time at which you informed us of the withdrawal.
Template cancellation form
If you wish to revoke the contract, please complete this form and send it to Speakeasy Sprachschule GmbH, Steinweg 7, 60313 Frankfurt am Main, telephone 069 2424 9525, e-mail info@speakeasy-sprachschule.de, or, for English-language courses, Speakeasy Sprachschule, Steinweg 7, 60313 Frankfurt am Main, telephone 069 2424 9525, e-mail info@speakeasy-sprachschule.de.
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*). Ordered on (*) / received on (*): ____________________________. Name of consumer(s): ____________________________. Address of consumer(s): ____________________________. Signature of consumer(s), only if notified on paper: ____________________________. Date: ____________________________. (*) Delete as appropriate.
13. Liability
13.1 SE or SE GmbH is liable for damages only in cases of intent and gross negligence. SE or SE GmbH is also liable for negligent breach of material contractual obligations, specifically obligations whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance a contractor may regularly rely. In the case of negligent breach of such obligations, liability is limited to foreseeable, contract-typical damage.
13.2 The exclusions of liability do not apply to injury to life, limb and health. Liability under the Product Liability Act remains unaffected. Exclusion or limitation of liability also applies to the personal liability of legal representatives, employees and other vicarious agents.
14. Differing agreements
Individually made agreements take precedence over these Terms and Conditions. Text form is required for the content of such agreements.
15. Final provisions
15.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as it does not exclude the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence.
15.2 In case of disputes concerning the meaning or interpretation of the English version of these terms and conditions, the German version prevails in case of doubt.
15.3 Jurisdiction is the seat of SE or SE GmbH, Frankfurt am Main, insofar as the customer is not a consumer but a merchant, legal entity under public law or special fund under public law, or if the customer has relocated domicile or habitual residence abroad after conclusion of the contract or if domicile or habitual residence at the time of filing action is unknown.
15.4 If one of the above provisions is ineffective, statutory provisions apply. The principle of primacy of the individual agreement under Section 305b BGB prevails over consumers.
15.5 The GTC of SE or SE GmbH may be changed insofar as this does not affect essential provisions of the contractual relationship and is necessary to adapt to developments that were unforeseeable at the time of contract conclusion and whose non-consideration would noticeably disturb the balance of the contractual relationship. Essential provisions include type and scope of the contractually agreed services and the term of the contract.
Modifications or additions may also be made where necessary to eliminate difficulties in implementing the contract due to regulatory gaps arising after conclusion of the contract, especially if case law changes and affects one or more clauses.
As of January 2023